The CBCA implemented its AFCA framework through procedural rules in January 2026, followed by a May 26 decision that resolved the cross-agency discovery question. The specific scope of what records must be pursued and under what circumstances remains to be fully defined through additional cases.
Attorneys handling federal contract disputes should note this development signals how the CBCA will interpret discovery obligations under AFCA's expanded administrative enforcement regime. The ruling could materially affect evidence collection strategies in lower-dollar false-claims matters that agencies now pursue administratively rather than through traditional False Claims Act litigation. Early clarity on discovery scope may influence settlement postures and case timelines in these proceedings.